Felon to stand trial for carrying out deadly rampage
A convicted felon accused of killing two people and wounding three others during an unexplained hour-long rampage in the Banning Pass must stand trial on murder and other charges, a judge ruled Monday.
James Paul Diaz, 34, of Hemet was arrested last Sept. 26 following attacks in Banning and Beaumont. Following a preliminary hearing at the Banning Justice Center, Riverside County Superior Court Judge W. Charles Morgan ruled there was sufficient evidence to warrant a trial on two counts each of first-degree murder and attempted murder, three counts of assault with a firearm and a special circumstance allegation of taking multiple lives. The latter allegation could make Diaz eligible for the death penalty if he’s convicted– and the District Attorney’s Office elects to pursue capital punishment.
Morgan scheduled a post-preliminary hearing arraignment for April 25.The defendant remains in custody without bail at the Robert Presley Jail in Riverside.
According to investigators, the rampage began about 11:30 a.m. in the 700 block of East John Street in Banning, where Diaz allegedly opened fire with a shotgun, striking two men sitting in a vehicle. One of the victims, 66-year-old Paul Lesh, was dead by the time officers responded to the shooting. Lesh’s friend, whose identity was not released, suffered minor wounds, according to police. Witnesses described the assailant’s vehicle as a white SUV.
Banning police Chief Alex Diaz — no relation to the defendant — said that just under 15 minutes later, there was another vehicle-to-vehicle shooting near the intersection of San Gorgonio Avenue and Nicolet Street. The victim, whose identity was not disclosed, told police that a man in a white SUV had fired a shotgun through his windshield, leaving him cut by the broken glass. The man was treated for minor injuries.
Ten minutes later, Banning police officers responded to a report of an assault with a deadly weapon at a gas station near 22nd and Ramsey streets. The victim told officers he was inside his parked vehicle when an unknown assailant stepped alongside and started punching and striking him with an object. The man was not seriously injured. Again, a white SUV was described fleeing the location, according to police.
At 12:13 p.m., Banning police were called to the 200 block of East Lincoln Street, where a vehicle had crashed into a wall outside a city impound yard. Officers discovered 34-year-old Benjamin Johnson fatally shot inside the vehicle. Witnesses reported an SUV racing away from the location, and Beaumont
police, sheriff’s deputies and California Highway Patrol officers were alerted.
About 12:20 p.m., Beaumont police officers received a call that a man fitting the defendant’s description was knocking on doors in the 700 block of American Street, trying to get residents to open up.
Tara Shawn Ruehle was in her car, getting ready to leave her house in the 1300 block of Eighth Street with her two young children, when Diaz ripped off a door handle and banged furiously on the car, police alleged.
“I could tell that he was manic and crazy,” Ruehle said. “He told me that his kids were in the car and that I had his kids. And I had no idea who hewas. I had never met him before.”
Ruehle and her children were not injured. Morgan dismissed child endangerment and vandalism charges connected to that incident. By the time officers reached Ruehle and her kids, the convicted felon had fled, but his white GMC Suburban was spotted moments later, and he stopped when officers signaled him to pull over, according to investigators.
Diaz was arrested without incident, and a shotgun was seized from his SUV, investigators said. According to the prosecution, the defendant did not know any of the victims. He has prior felony convictions for shooting at an occupied dwelling and battery resulting in great bodily injury.
